Cab text messages be legally binding?
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Cab text messages be legally binding?
We paid a contractor to remodel a house. We
have paid over 150 over stated cost. It is not
finished and 270 days past expected finish
date. Contractor has workers there for a couple
of hours a month, and won’t return my phone
calls. I have text messages going back a year
proving expected costs and his intent to finish. I
want it done but feelI either need to be
reimbursed the amount it would cost someone
else to finish since I don’t want to pay someone
else to do work I’ve already paid for. Do I have
any ground for a lawsuit?
Asked on June 11, 2019 under Business Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, you can sue. A contract is formed when two parties agree to the terms and there is an exchange of "consideration," or promises or things of value, like your promise to pay them (and/or the payments you have made) and their promise to do the work as agreed. Constracts can be in a formal writing, or in a series of texts or emails, or oral (unwritten), or a combination of all of the above. If you can prove, as you believe you can, the terms of the agreement, such as by using the text messages you can sue the contractor for "breach of contract," or violating the agreement.
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